Act No. 65 / 1952 Coll.
Law on the Prosecutor
Valid
Effective from 01.01.1953
65.
Law
of 30 October 1952
about the prosecution.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Tasks of the Attorney General.
(1) The Prosecutor-General shall guard, enforce and consolidate socialist lawfulness, and hence, in particular:
protect the social order and state establishment of the Republic and its socialist construction, socialist ownership, as well as the interests of the working people against the enemies and other disruptors of its building effort,
protect the fighting capability of the armed corps and the discipline and order provided for therein, strengthen command authority and contribute to the security of the country's defence; and
educates citizens to comply with laws, other laws and rules of socialist coexistence and to fulfil civil obligations.
(2) In carrying out its tasks, the Attorney General shall rely on and cooperate with the initiative of the working people and their organisations; is obliged to deal with complaints, warnings and citizens' initiatives.
The mandate of the Attorney General.
The Prosecutor-General shall ensure that ministries and other offices, courts, national committees, institutions, officials and individual citizens maintain laws and other legislation, and in particular:
(a) draw the attention of the authorities, national committees, authorities and institutions to the defects identified and initiate a review of decisions and measures contrary to the rules of law;
(b) ensure the detection of offences and the fair punishment of the perpetrators and supervise the execution of the penalties imposed on them;
(c) ensure that national security authorities comply with the law; that competence shall be exercised by the Prosecutor General in accordance with a special order which he shall issue in agreement with the Minister for National Security;
(d) take part in proceedings before the courts under the provisions of the Rules of Procedure, ensure that the courts use the laws correctly and uniformly, and ensure that the interests of the State and the civil servants are protected in civil proceedings.
Protest.
A protest shall be brought against decisions and measures contrary to the rule of law by the Prosecutor-General before the Office, the National Committee, the institution or body whose decisions or measures are to be removed, unless the specific provisions provide otherwise for its action.
(1) The Office, the National Committee, the institution or body may abolish or replace its own decision or measure against which the protest is directed by a decision or measure corresponding to the law.
(2) If the Office, the national committee, body or body does not comply with the protest, the Office, the national committee or the supervisory authority shall decide on the protest within a time limit to be determined by the Prosecutor-General when submitting the protest. a new protest may be lodged by the Attorney General against a decision which has not been complied with.
(3) If the Ministry or any other Central Office considers that the protest against its decision or measure is not justified, it shall refer the matter to the Government for review.
Cooperation with other authorities, institutions and bodies.
The courts, offices, national committees, institutions, institutions and individual citizens shall be obliged to assist the Attorney General effectively in the performance of his duties, in particular without delay to draw his attention to the illegality found and to provide him with the necessary explanations; The courts, offices, national committees, authorities and institutions are also required to lend to the Prosecutor-General of the files and to comply with his requests with an expedited procedure.
(1) The Prosecutor-General himself or his deputy shall take part in an advisory meeting of the Government or of the Board of Authors in the context of a protest.
(2) The Prosecutor General or his / her body may, with an advisory vote, attend meetings of national committees, their bodies and other bodies of state administration as well as arbitration commissions.
Authorities of the Attorney General.
(1) The authorities of the Attorney General are:
(a) Deputy Prosecutor General,
(b) district and district prosecutors and their Deputy-Ministers,
(c) the higher and lower military prosecutors and their deputies, as well as the higher and lower field prosecutors and their deputies,
(d) other prosecutors and military prosecutors.
(2) One of the Deputy Prosecutor General is the Chief Military Prosecutor.
(3) In the field proceedings, higher and lower military prosecutors exercise the authority of higher and lower military prosecutors.
(1) He appoints and rescues the Chief Military Prosecutor, on a proposal from the Attorney General made in agreement with the Minister of National Defence, President of the Republic.
(2) The other Deputy Prosecutor General is hereby appointed and dismissed by the Prosecutor General.
(1) The prosecutors are appointed, mandated and withdrawn by the Prosecutor General.
(2) Military prosecutors are appointed, appointed and withdrawn by the Prosecutor General in agreement with the Minister of National Defence.
(3) The Prosecutor-General of the Republic of the Republic shall appoint the Prosecutor-General of the Republic of Crimea from among the officers in active duty and shall call upon the President of the Republic as Chief Commander; This right may be transferred to subordinate military authorities.
(1) The prosecutors, military prosecutors and field prosecutors shall, at the first provision, carry out the following oath: "I swear to be faithful to the Czechoslovak Republic, to its social order and to the state establishment, to its President and to its government, to maintain laws and other legislation and to ensure that they are used in accordance with the principles of socialist lawfulness in the interests of the working people, and to keep strictly confidential about official matters."
(2) The Attorney General shall take an oath in the hands of the President of the Republic, other prosecutors and military prosecutors shall carry it out in the hands of the Chief Prosecutor and the Field Prosecutor in the hands of the Commander who has appointed them.
(1) The district prosecutors are subordinate to the Regional Prosecutor, together with the Prosecutor General.
(2) The lower military prosecutors shall be subordinate to the senior military prosecutor, and together with him to the Chief Military Prosecutor and through the Attorney General.
(3) The lower field prosecutors shall be subordinate to the senior Polish prosecutor, together with him to the Chief Military Prosecutor and through the Prosecutor General.
With regard to military service, the law applicable to soldiers, as well as to military service regulations and orders, shall apply to military prosecutors and other soldiers active in the prosecution, unless otherwise provided for in this law.
(1) The offices and districts of regional prosecutors are the same as those of regional courts, offices and districts of district prosecutors, offices and districts of popular courts.
(2) The offices and responsibilities of the military prosecutors shall be governed by the seat and the jurisdiction of the court with which the prosecutor operates.
(3) The post of field prosecutors shall be determined by the commander with whom the field prosecutors and the court-martial are active.
(1) The actions relating to the activities of the offices, bodies or bodies whose jurisdiction extends beyond the district attorney's jurisdiction are carried out by the Attorney General himself or by his Deputy Prosecutor.
(2) The acts relating to the activities of offices, national committees, bodies or bodies whose jurisdiction extends beyond the district attorney's district may be performed by the Attorney General by regional prosecutors or senior military prosecutors, other acts by district prosecutors or lower military prosecutors.
(3) A senior prosecutor may perform individual acts of prosecutors under his authority.
(1) The Prosecutor-General shall have the status of President of the Central Office; the provisions on the revenue of ministers apply mutatis mutandis.
(2) The authorities of the Attorney General and the other staff of the Prosecutor's Office are civil servants; their personal office is the Attorney General's Office, and, as far as soldiers are concerned, the Ministry of National Defence.
(3) The Attorney General shall exercise disciplinary authority over prosecutors in accordance with the rules applicable to administrative staff and, as regards soldiers, in accordance with the rules applicable to them.
Transitional and final provisions.
(1) Unless otherwise provided for in this law, the prosecutors shall be governed by the provisions of Judicial Law No 67 / 1950 Coll. and by the rules issued pursuant to it, while the rights which the Minister of Justice has under that law and the rules issued under it shall be exercised by the Prosecutor General.
(2) The provisions on the employment income of Deputy Prosecutor General, other than the Chief Military Prosecutor, apply mutatis mutandis to the employment income of Deputy Ministers.
The staff of the current prosecutors and of the financial prosecutors shall become staff of the prosecutors.
(1) All provisions governing the matter covered by this law cease to apply; Act No. 270 / 1949 Coll., on Financial Procuraturs, expires.
(2) All rules on administrative court are repealed.
This Act shall take effect on 1 January 1953; it shall be carried out by all members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Broad v. r.
Dr Dolansky v. r.
Fierlinger v. r.
Dr Kylý v. r.
Maj-Gen Bacílek v. r.
Bílek v. r.
Maj-Gen Dr. Čepice v. r.
Dr Gregor v. r.
Harus v. r.
Dr. Havelka v. r.
Ing. Jankovcová v. r.
Jonah v. r.
Cable v. r.
Kopecký v. r.
Krajčir v. r.
Kromir
Malek v. r.
Maurer v. r.
Dr. Unedible v. r.
Nepomuk v. r.
Dr Neuman v. r.
Nosek v. r.
Plojhar v. r.
Pokorný v. r.
Pospíšil A. v. r.
Pospíšil J. v. r.
Ing. Púčik v. r.
Dr Rais v. r.
Smida v. r.
Ing. Shimonek v. r.
Dr. Nove v. r.
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Regulation Information
| Citation | Act No. 65 / 1952 Coll., on the Prosecutor's Office |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.11.1952 |
|---|---|
| Effective from | 01.01.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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